P. v. Sanchez
A jury found defendant guilty of second degree murder. Jury found true an enhancement for personally discharging a firearm and causing death, but it found a gang enhancement not true. The trial court sentenced defendant to 40 years to life in prison.
Defendant now contends:
1. There was insufficient evidence to support a conviction for murder, rather than voluntary manslaughter on “a sudden quarrel or heat of passion.”
2. When the jury indicated that it was deadlocked, the trial judge gave it erroneously coercive instructions.
3. The trial court erroneously calculated defendant’s pretrial custody credits.
Court held that the trial court erred prejudicially by giving prohibited and coercive instructions to the deadlocked jury. Although the court must reverse on this ground, court also discuss the sufficiency of the evidence of murder, because, if defendant is correct, he could be retried for voluntary manslaughter but not for murder. Court held, however, that there was sufficient evidence of murder. Court did not discuss defendant’s contention regarding custody credits.
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